Losing someone you love to the negligence of someone else is a horrible situation. While accidents happen all the time, you do have the right to file a wrongful death case in this situation. It is important, though, to understand your rights in West Virginia when filing this type of case.
The first thing to know, according to the West Virginia Legislature, is that you can only file a wrongful death claim if you are financially dependent upon your loved one. You also must file the claim within two years of the death of your loved one or you lose your right to sue.
When awarding damages from the case, the jury will distribute them to you if you brought the lawsuit. Otherwise, they award them to whomever was listed in the will to receive inheritance. Typically, damages include a set amount to pay for the funeral and burial costs, along with any medical bills incurred as a result of the incident. You may also receive payment for lost wages now and in the future, along with damages for the loss of companionship, anguish and pain you suffered due to the incident and loss of your loved one.
A wrongful death claim can never bring back your loved one, but it can help hold the person who was negligent responsible. You may also file a claim against an entity, such as a business, if it was responsible. In addition, you can get money to help ensure the incident does not put financial strain on you. This information is for education and is not legal advice.